AN ORDINANCE DEFINING THE MANNER AND PLACE OF CONSTRUCTION OF THE LINES OF THE SOUTHWESTERN BELL TELEPHONE COMPANY AND PROVIDING FOR AN ANNUAL PAYMENT TO BE MADE TO THE CITY OF MAIZE, KANSAS.
Section 1. The Southwestern Bell Telephone Company, its successors and assigns (herein referred to as telephone company) shall continue to operate its telephone system and all business incidental to or connected with the conducting of a telephone business and system in the City of Maize, State of Kansas (herein referred to as city). The plant construction and appurtenances used in or incident to the giving of telephone service and to the maintenance of a telephone business and system by the telephone company in the city shall remain as now constructed, subject to such changes as may be considered necessary by the city in the exercise of its inherent powers and by the telephone company in the conduct of its business, and the telephone company shall continue to exercise its right to place, remove, construct, and reconstruct, extend and maintain its plant and appurtenances as the business and purposes for which it is or may be incorporated from time to time require, along, across, on, over, through, above and under all the public streets, avenues, alleys, bridges, and the public grounds and places within the limits of the city as the same from time to time may be established.
Section 2. That for the period May 1, 1982, to April 30, 1983, inclusive, the telephone company shall pay the city on July 1, 1982, a sum equal to three percent of the class of service revenues for local exchange telephone communication service rendered wholly within the corporate limits of the City of Maize during the 12 month period immediately preceding May 1, 1982, and annually, 60 days after the end of the period to which the payment shall apply, a like sum based upon three percent of the class of service revenues derived from local exchange telephone communication service during the 12 months immediately preceding the first day of May of the year for which such payment is made, being a term of five years ending April 30, 1987, and for successive terms of life duration, unless within four months prior to the expiration of the initial term or of the successive terms ending on each fifth anniversary, written notice is given one party to the other of its intention to terminate the same at the expiration of the then current five year term; it being expressly understood that each five year term provides for five annual payments; the payments to be in lieu of all other licenses, charges, fees or impositions (other than the usual general or special ad valorem taxes) which might be imposed by the city under authority conferred by law. This agreement may also be terminated forthwith by the telephone company if authority to collect the amounts of such payments from its customers within the city shall be removed, cancelled, or withheld by legislative or regulatory act. The telephone company shall also have the privilege of crediting such sums with any unpaid balance due the company for telephone service rendered or facilities furnished to the city.
Section 3. The telephone company on the request of any applicant shall remove or raise or lower its wires temporarily to permit the moving of houses or other structures. The expense of such temporary removal, raising or lowering of wires shall be paid by the party or parties requesting the same, and the telephone company may require such payment in advance. The telephone company shall be given not less than 15 days written notice from the applicant detailing the time and location of the moving operations, and not less than 24 hours advance notice from the applicant advising of the actual operation.
Section 4. Permission is hereby granted to the telephone company to trim trees upon and overhanging streets, alleys, sidewalks and public places of the city so as to prevent the branches of such trees from coming in contact with the wires and cables of the telephone company, all the trimming to be done under the supervision and direction of any city official to whom the duties have been or may be delegated.
Section 5. Nothing in this ordinance shall be construed to require or permit any telephone, electric light, or power wire attachments by either the city or the telephone company on the poles of the other. If such attachments are desired by the city or the telephone company, then a separate non-contingent agreement shall be a prerequisite to such attachments.
Section 6. Nothing herein contained shall be construed as giving to the telephone company any exclusive privileges, nor shall it affect any prior or existing rights of the telephone company to maintain a telephone system within the city.
Section 7. All other ordinances and agreements and parts of ordinances and agreement relating to the operation of a telephone system within the city are hereby repealed.
Section 8. The telephone company shall have 60 days from and after its passage and approval to file its written acceptance of this ordinance with the city clerk, and upon such acceptance being filed, this ordinance shall be considered as taking effect and being in force from and after the date of its passage and approval by the mayor.
(4-30-1982)